Rajendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72220 of 2019 Arising Out of PS. Case No.-318 Year-2019 Thana- MASHRAK District- Saran ====================================================== 1.

RAJENDRA SAH Son of Late Amirchand Sah Resident of Village - Brahimpur, P.S.- Mashrak, Distt - Saran.

2.

Yogendra Sah Son of Late Mangal Sah Resident of Village - Brahimpur, P.S.- Mashrak, Distt - Saran.

3.

Pintu Sah Son of Late Mangal Sah Resident of Village - Brahimpur, P.S.- Mashrak, Distt - Saran.

4.

Kundan Sah Son of Rajendra Sah Resident of Village - Brahimpur, P.S.- Mashrak, Distt - Saran.

5.

Sonu Sah @ Sonu Kumar Son of Rajendra Sah Resident of Village - Brahimpur, P.S.- Mashrak, Distt - Saran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Bhaskar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Mashrakh PS case no. 318 of 2019 registered for the offences punishable under Sections 341, 323, 307, 354(B), 379, 504, 506 of Indian Penal Code.

The allegation is regarding an altercation having taken place in between the accused persons and the member of the prosecution party on account of laying of asbestos sheet on

Patna High Court CR. MISC. No.72220 of 2019(3) dt.06-03-2020 2/3 the disputed land, by the informant. It is alleged that the petitioners herein had assaulted the informant and his family members resulting in them having sustained serious injuries. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. It is further submitted by referring to the injury report annexed as Annexure-2 series to the present petition, that the injuries do not seem to be grievous in nature.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners as also taken into account the fact that the injuries do not appear to be grievous in nature, which is clear from a bare perusal of the injury report annexed to the present petition, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-6, Saran

Patna High Court CR. MISC. No.72220 of 2019(3) dt.06-03-2020 3/3 at Chapra in connection with Mashrakh PS case no. 318 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T